Articles and Blogs

NLRB Election Rule Approved Effective April 30, 2012


Posted on December 21, 2011 in Health Law News

Written by: Stephen W. Lyman

On December 21, 2011, the National Labor Relations Board adopted a final rule amending its election case procedures to reduce unnecessary litigation and delays. The rule will be published in the Federal Register on Thursday, December 22, 2011 and is due to take effect on April 30, 2012. The Rule Will Speed Up Union Elections This new…Read More

TRICARE Provider Affirmative Action Exemption Clears Congress


Posted on December 20, 2011 in Health Law News

Published by: Hall Render

Both the House and the Senate have now approved language in the National Defense Authorization Act, which, if it becomes law, appears to exempt TRICARE network providers from having to comply with burdensome affirmative action obligations.  (This article is a follow-up to the December 9, 2011 Employment Law News, available here.) House and Senate Versions Reconciled…Read More

2012 Non-Monetary Compensation to Physicians


Posted on December 19, 2011 in Health Law News

Published by: Hall Render

Executive Summary Under the Federal Stark Law, for calendar year 2012, hospitals may provide non-monetary compensation to physicians up to an aggregate amount of $373.  The dollar limit for “medical staff incidental benefits” (e.g., meals, parking, other items or incidental services that are used on the hospital’s campus) increases slightly for 2012 to less than $31…Read More

Wisconsin Legislature Alters State’s Enforcement Authority for Nursing Home Violations


Posted on December 15, 2011 in Health Law News

Published by: Hall Render

Wisconsin Act 70 makes major changes to Wisconsin Statutes that regulate nursing homes and facilities that serve individuals with developmental disabilities. Signed into law on November 16, 2011 and effective December 2, 2011, the Act benefits federally certified nursing homes in the form of reduced fines and all nursing homes and facilities serving the developmentally disabled…Read More

CMS Contractors to Review of Denials Relating to Face-to-Face Requirements for HHA Services


Posted on December 9, 2011 in Long-Term Care, Home Health & Hospice

Written by: Kendra Conover

The Centers for Medicare & Medicaid Services (“CMS”) has recently instructed contractors to reopen certain claims that were previously denied for failure to meet the “face-to-face” requirements in certain circumstances and assuming all content requirements of the certification and the face-to-face documentation are otherwise met.  It came to CMS’ attention that certain claims were being…Read More

Congress Considers Carving Out TRICARE Providers from List of Employers That Must Comply with Affirmative Action


Posted on December 9, 2011 in Health Law News

Published by: Hall Render

Earlier this month, the Senate passed the National Defense Authorization bill (S. 1867), which contains a provision that exempts certain TRICARE network providers from jurisdiction by the Office of Federal Contract Compliance Programs (OFCCP).  If it becomes law, this provision will undo the OFCCP’s recent efforts to require health care providers that participate in TRICARE…Read More

IRS Announces 2012 Employee Benefit Plan Limits


Posted on December 7, 2011 in Health Law News

Written by: Tara L. Slone

The Internal Revenue Service (IRS) recently announced cost-of-living adjustments to the applicable dollar limits for various employer-sponsored retirement and welfare benefit plans for 2012.  For the first time since 2009, the IRS has increased many employee benefit plan limits.  As a result, employers should update payroll and plan administration systems accordingly and review plan-related documents…Read More

CMS Clarifies Hospital Equipment Maintenance Requirements


Posted on December 7, 2011 in Health Law News

Published by: Hall Render

On December 2, 2011, the Centers for Medicare & Medicaid Services (“CMS”) issued a Program Memorandum (“Memorandum”) clarifying equipment maintenance requirements for hospitals.  More specifically, the Memorandum addresses:  (1) alternate equipment maintenance schedules that are permitted in some instances; and (2) alternative equipment maintenance methods that are not permitted. The Medicare condition of participation for…Read More

Overprescriped Antipsychotics in Nursing Homes


Posted on December 7, 2011 in Long-Term Care, Home Health & Hospice

Written by: Selby, Todd J.

On November 30, 2011, Daniel R. Levinson, Inspector General, appeared before the Special Committee on Aging, and testified regarding the Office of Inspector General’s (OIG) findings pertaining to the use of atypical antipsychotic drugs by nursing home residents. The OIG hired psychiatrists who are experts in treating elderly patients to review a sample of 2007…Read More

False Claims Act Update, November 2011


Posted on December 5, 2011 in False Claims Act Defense

Written by: David B. Honig

Can an incompetent, and ultimately dismissed, False Claims Act Complaint bar a future complaint under the FCA’s “first to file rule?” The Court of Appeals in Washington D.C. answered the question for the first time on November 4, 2011. Can a settlement agreement between an employer and an employee force dismissal of the employee’s whistleblower…Read More